INDEX

INDEX

Rule Page

Adjustment of Shortages........................... 36 41

Advertisement..................................... 6 4

Annulment of Assignments.......................... 8 7

Application for Employment........................ 24 25

Assignment........................................ 6 4

Attending Court or Inquest........................ 17 13

Attending Investigation—Time Allowances........... 21 17

Basic Rate....................................... 2 2

Bereavement...................................... 18 14

Called and Not Used............................. 13 10

Calling and Marking Up.......................... 9 8

Calls........................................... 13 10

Calls, Missed................................... 9 8

Choice Holiday.................................. 33 40

Claims, Time Limit on........................... 20 14

Compulsory Retirement........................... 23 24

Conferences..................................... 34 40

Court or Inquest, Attending..................... 17 13

Crew Base....................................... 1 1

Cut Off Enroute................................. 14 11

Deadheading..................................... 10 9

Decrease/Increase of Work Forces................ 7 6

Deferment of Starting Time...................... 11 9

Definitions..................................... 1 1

Designated Points for Going On and Off Duty..... 6 4

Discipline and Investigation.................... 21 17

Displacement.................................... 6 4

Disqualification, Physical...................... 25 25

Employment, Application for..................... 24 25

Equipment on Engines............................ Letter 11 59

Examinations.................................... 16 12

Expenses Away From Home......................... 15 11

Extra Board, Guaranteed......................... 9 8

G Rule Page

Guaranteed Extra Board.......................... 9 8

Guarantees...................................... Letter 2 47

Health and Welfare.............................. 28 26

Hearings........................................ 21 17

Held at Other Than Home Crew Base............... 2 2

Holidays........................................ 32 37

Increase and Decrease of Engine Work Force...... 7 6

Inquest or Court, Attending..................... 17 13

Investigations and Discipline................... 21 17

Jury Duty....................................... 19 14

Laying Off...................................... 12 10

Leave of Absence................................ 22 23

Locker Facilities............................... 26 26

Meal Allowance.................................. 15 11

Meal Period..................................... 31 37

Missed Calls.................................... 9 8

Overtime........................................ 2 2

Overtime—Short Turnaround Passenger Runs........ Letter 6 54

Performance of Service by Passenger Engineers... 1 1

Physical Characteristics, Qualifying On......... 16 12

Physical Disqualification....................... 25 25

Pilots.......................................... 2 2

Qualifying on Physical Characteristics.......... 16 12

Rate Schedule................................... 2 2

Regulation on Extra Boards...................... 9 8

Reporting/Laying Off............................ 12 10

Representation.................................. 1 1

Rosters......................................... 5 4

Runarounds...................................... 9 8

Seniority....................................... 3 3

Seniority District.............................. 3 3

Service Between Zones........................... 4 3

Severability.................................... 35 41

Shortage Adjustment............................. 36 41

Starting Times.................................. 37 41

Time Limits on Claims........................... 20 14

Time to Eat..................................... 31 37

Uniforms........................................ Letter 4 52

Union Shop...................................... 29 26

Union Shop Dues Deduction....................... 30 29

Vacancies....................................... 6 4

Vacations....................................... 27 26

Work Week and Overtime.......................... 2 2

Work Zones...................................... 3 3

Yard/Road Work.................................. Letter 3 50

Zones, Seniority................................ 3 3

Zones, Service Between.......................... 4 3

Index

SUPPLEMENTAL AGREEMENTS

Page

Agreed Upon Questions and Answers (August 2,1983)........... 71

Agreed Upon Question and Answer Regarding Displacements

(August 2, 1983)............................................ 85

Agreement Modifying the National Vacation Agreement

of April 29, 1949, Pursuant to Rule 27 (August 2, 1983).... 86

Agreement Covering Itemized Statement of Earnings and

Modifying Rule 20(d) (August 2, 1983)...................... 88

Agreement Amending Rules 2(b) and 9(a) Relative to the

“Workweek” for Extra Board Employees (August 2, 1983)...... 90

Agreement Concerning Rule 6(f) (August 2, 1983)............. 92

THIS AGREEMENT made this 26th day of October, 1982, by and between the National Railroad Passenger Corporation and Passenger Engineers represented by the Brotherhood of Locomotive Engineers.

WHEREAS, in the Rail Passenger Service Act of 1970, as amended by the Amtrak Improvement Act of 1981, Congress has established for the National Railroad Passenger Corporation (Amtrak) the goal of maximization of its resources, including the most cost effective use of employees; and

WHEREAS, effective January 1, 1983, Amtrak will assume its own train and engine operations heretofore performed by the Consolidated Rail Corporation (Conrail) pursuant to the Northeast Rail Service Act of 1981; and

WHEREAS, Amtrak desires to employ persons currently employed by Conrail in its engine service operations, and those employees desire to accept employment with Amtrak; and

WHEREAS, the Brotherhood of Locomotive Engineers now represents all employees of Conrail in the craft of Locomotive Engineers who would accept Passenger Engineer positions with Amtrak; and

WHEREAS, Congress, in the Amtrak Improvement Act of 1981, also imposed upon both Amtrak and the Brotherhood of Locomotive Engineers the duty to enter into a cooperative effort to achieve the efficiencies and economies necessary to operate a modern passenger service entity;

NOW, THEREFORE, it is hereby agreed in conformity therewith that the following Rules shall govern the rates of pay, rules and working conditions of employees of Amtrak employed in its engine service operations:

RULE 1- SCOPE AND DEFINITIONS

a. This Agreement will apply to the work or service of

transporting passengers performed by the employees specified herein and governs the rates of pay, hours of service and working conditions of all such employees engaged in the operation of engines and any other motive power used in performing the work or services provided by Passenger Engineers and all other work generally recognized as the work of Passenger Engineers performed on main lines or branch lines, or within yard facilities, or in road, local or yard service.

It is understood that the duties and responsibilities of Passenger Engineers will not be assigned to others. If a new type of locomotive or motive power is placed in service, Passenger Engineers will be instructed in the operation of the new type of locomotive power and used to operate it.

b. The National Railroad Passenger Corporation

(hereinafter the “Corporation”) recognizes the General Committee of Adjustment of the Brotherhood of Locomotive Engineers, the Chairman of which is signatory hereto as bargaining representative of all Passenger Engineers employed by the Corporation in the Northeast Corridor.

c. “Duly accredited representative” means the General

Chairman of the Brotherhood of Locomotive Engineers having jurisdiction or any elected officer of the Brotherhood of Locomotive Engineers designated by the General Chairman.

d. “Crew Base” means the territory encompassed within

a radius of 30 miles measured from the principal Amtrak station or facility as designated by the Corporation for each crew base.

RULE 2- CLASSIFICATIONS AND BASIS OF PAY

a. The rate of pay for Passenger Engineers effective

January 1, 1983, is $16.74 an hour.

b. Passenger Engineers will be paid for each trip or

tour of duty at the straight-time rate for the first eight hours between the time they are required to report for duty until the time they are released on completion of service, and at the time and one-half rate for all time in excess of eight hours. Passenger Engineers paid 40 straight-time hours in a work week will be paid at the time and one-half rate for all additional time paid for in the work week. The term “work week” for regularly assigned Passenger Engineers will mean a week beginning on the first day on which the assignment is bulletined to work, and for Passenger Engineers assigned to an extra board will mean a period of seven consecutive days, starting with Monday.

c. Except as provided in Rule 13, regularly assigned

Passenger Engineers and Passenger Engineers assigned to an extra board will be paid a minimum of eight hours for each tour of duty.

d. When pilots are required for engine service, they

will come from the ranks of Passenger Engineers and will be paid the Passenger Engineer’s rate of pay.

e. Except as provided in Rule 14, Passenger Engineers held at other than their home crew base will be paid for the actual time held for the first eight hours in any 24-hour period.

RULE 3- SENIORITY

a. Passenger Engineers will have Northeast Corridor

(NEC) seniority divided into two (2) prior right working zones. NEC Working Zone 1 is the territory between Boston, MA, and New York, NY (exclusive), including Springfield, MA. NEC Working Zone 2 is the territory between New York, NY (inclusive), and Washington, DC (exclusive), including Harrisburg, PA.

b. The seniority ranking in the Northeast Corridor

(NEC) Region for Passenger Engineers with Conrail engine service seniority as of January 1, 1983, will be in accordance with the Order Selection List established pursuant to the Agreement made in accordance with Section 1165 of the Northeast Rail Service Act of 1981. Employees on the Order Selection List who possess seniority on Conrail Seniority District F-Northeastern will have prior rights to assignments in NEC Working Zone 1. Employees on the Order Selection List who possess seniority on Conrail Seniority District G-Southeastern will have prior rights to assignments in NEC Working Zone 2.

c. Passenger Engineers, without prior rights as defined in paragraph “b” of this Rule, who enter service in a classification covered by these work rules will establish seniority as of the time and date they first report to the medical examiner. When two or more Passenger Engineers without prior rights start at the same time on the same day, they will be ranked in alphabetical order according to their last names. The ranking of all employees covered by this paragraph “c” will follow the ranking of all employees covered by paragraph “b.”

RULE 4- SERVICE BETWEEN ZONES

Assignments between any two or more working zones may be established. When such assignments are established, prior right Passenger Engineers of the zones over which such assignment or assignments operate will participate in such service on the basis which the ratio of the mileage in each zone bears to the total mileage covered by such assignment or assignments, measured from the principal station of the originating crew base to the principal station of the terminating crew base.

RULE 5-SENIORITY ROSTER

a. A roster showing seniority dates, promotion dates, prior rights (if any), and seniority standing will be posted in a conspicuous place at all crew bases for the information of Passenger Engineers, with copies to the General Chairman.

b. The roster will be revised and posted in January of each year and will be open to protest by the Passenger Engineer or his duly accredited representative for a period of 60 calendar days from date of posting. Protests on seniority dates will be confined to names added or changes made since posting the previous rosters.

Upon an employee’s presentation of proof of error, such error will be corrected. Passenger Engineers who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given 60 calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct.

RULE 6- BULLETINS AND ASSIGNMENTS

a. New assignments, assignments subject to readvertise-ment, extra board assignments and vacancies will be advertised every Wednesday. The advertising period will close 11:59 p.m. the following Saturday, and assignments will be made effective 11:00 a.m. the following Wednesday.

b. Vacancies caused by sickness, temporary disability, suspension or leave of absence, when it is known that the Passenger Engineer will be off for a period of 30 or more days or when such Passenger Engineer will have been off duty for a period of 30 days, will be advertised in accordance with paragraph “a” of this Rule.

c. For regular assigned service, the advertisement bulletin will show the crew base; reporting and relieving point; turnaround or layover point; days on which the assignment is scheduled to work; assigned reporting time; and train or crew numbers.

NOTE: Unless otherwise agreed to by the duly accredited representative and the District Manager-Labor Relations, the reporting and the relieving point for any assignment will be the same point.

d. A Passenger Engineer who bids for and is awarded

another assignment will not be permitted to bid for his former position until it has been filled and again advertised, unless the position has been materially changed. He will be permitted to exercise his seniority to his former assignment if he is displaced from the position to which he bid.

e. A Passenger Engineer who is occupying a regular assignment which is readvertised in accordance with the provisions of this Rule may elect to exercise his seniority to another assignment within 48 hours after the effective date and time of the change causing the readvertisement. A Passenger Engineer who elects to remain on the assignment must bid for it if he desires to remain after the advertisement is closed and the assignment has been made. If he does not bid for it, and he is not assigned to any other job as the result of that advertisement, he will immediately leave the assignment he has been holding, and will be allowed five days in which to exercise his seniority and may select any job held by a junior man, except the job he has been occupying and on which he did not bid.

f. A Passenger Engineer returning to duty after being absent less than 30 days by reason of sickness, temporary disability, suspension or leave of absence, will be permitted to exercise his seniority on an assignment advertised and filled during his absence, provided he exercises such right before he performs any service. A Passenger Engineer absent because of a reason listed in this paragraph for a period of 30 days or more, upon his return to duty, may exercise his seniority on any assignment.

g. Regular assignments will be readvertised when any of the following permanent changes are made in such assignments:

1. changing the crew base, layover or turnaround point;

2. changing advertised starting time at the crew base

or arrival time at the end of the assignment, one hour or more;

3. changing the assigned rest days.

h. Assignments will be made to Passenger Engineers in seniority order from written bids submitted to the officer of the Corporation designated in the advertisement notice prior to the close of an advertisement period. Passenger Engineers will be given a receipt for bids submitted to the designated officer of the Corporation.

i. When no bids are received for advertised assignments, the assignments will be filled by the junior Passenger Engineer working at the same crew base as the assignment that failed for bid.

j. When an assignment that failed for bid is filled in accordance with paragraph “i,” the Passenger Engineer assigned will remain on the assignment until a junior Passenger Engineer becomes available at the crew base. The senior Passenger Engineer who is force assigned in accordance with paragraph “i” will be promptly notified and have 24 hours after notification to elect to vacate the assignment and exercise his seniority. If the assignment is vacated, the junior Passenger Engineer will be assigned to the vacated Passenger Engineer assignment. If the senior Passenger Engineer who was force assigned in accordance with paragraph “i” elects to remain on his assignment, the next junior Passenger Engineer who was force assigned will be permitted to vacate his assignment and exercise his seniority as outlined herein. A Passenger Engineer who is force assigned will be permitted to bid for any Passenger Engineer assignment.

k. When an extra board is to be increased, the required number of Passenger Engineers may be added to the board during the advertisement and assignment period with the understanding that they are bidders for the board.

l. When regular runs are rearranged, the local representative of the Corporation and the duly accredited representative(s) having jurisdiction will arrange to meet for the purpose of grouping such runs consistent with seniority, with the understanding that the Corporation reserves the right to place a schedule in effect to protect the service when no agreement is reached.

RULE 7- REDUCING AND INCREASING FORCES

a. In reducing forces, seniority will govern. Passenger Engineers affected by a reduction of force or abolishment of positions will be given five calendar days’ advance notice. A copy of such notice will be posted on bulletin boards, with a copy to the duly accredited representative.

Passenger Engineers whose positions are abolished may exercise their seniority rights to displace junior Passenger Engineers within five calendar days after the date of notification of abolishment. Passenger Engineers displaced may exercise their seniority in the same manner within five calendar days after the date of notification of displacement. Passenger Engineers who are able to but fail to exercise their displacement rights within the prescribed time limit will revert to the extra board. Passenger Engineers not possessing sufficient seniority to displace any Passenger Engineers will be placed in furlough status.

Passenger Engineers exercising displacement rights under this Rule must meet all the qualifications required of the assignment to which they displace before being permitted to work.

b. Passenger Engineers will promptly notify the Corporation in writing, by certified mail, return receipt requested, of any change of name or address, and provide a copy to the duly accredited representative.

c. When forces are increased or vacancies occur, furloughed Passenger Engineers will be notified by certified mail or telegram, sent to the last address given, with a copy provided to the duly accredited representative, and will be recalled to service in seniority order.

d. Furloughed Passenger Engineers who fail to return to service within 30 calendar days after being notified in accordance with paragraph “c” of this Rule will be considered as having resigned, unless they present sufficient proof that circumstances beyond their control prevented their return.

RULE 8- ANNULMENT OF ASSIGNMENTS

a. When it is known that the assignment of a regular assigned Passenger Engineer, except the extra board, is to be annulled for one day or longer, the Passenger Engineer will be notified at least four hours in advance of reporting time.

b. Advance notice before annulling assignments is not required under emergency conditions such as flood, snow storm, hurricane, tornado, earthquake, fire, strike or derailment, provided that such conditions result in suspension of the Corporation’s operation in whole or in part. Such emergency annulments will be confined solely to those work locations directly affected by any suspension of operation.

Passenger Engineers who are affected by an emergency annulment and report for work without having been previously notified not to report, will receive two hours’ pay at the applicable rate of their positions. If Passenger Engineers work any portion of the day, they will be paid in accordance with Rule 2. Upon termination of the emergency conditions and restoration of the service, all positions and incumbents thereof will be restored to the status prevailing prior to the emergency.

RULE 9- GUARANTEED EXTRA BOARD

a. A Passenger Engineer assigned to an extra board who is available for service during an entire weekly period or who does not lay off or miss a call will be guaranteed a money equivalent of 40 straight-time hours each weekly period. The term “weekly period” means a period of seven consecutive days, starting with Monday. The Corporation will determine the location of and the number of Passenger Engineers assigned to an extra board.

b. Passenger Engineers assigned to an extra board will be called first in, first out, as registered on the extra board. Passenger Engineers assigned to an extra board must be qualified to work any assignments which the extra board protects.

c. Passenger Engineers assigned to an extra board must register on the extra board immediately upon release from duty at the relieving point in the crew base.

d. Passenger Engineers assigned to an extra board missing a call for an assignment for which they stand will be placed at the bottom of the extra board.

e. Passenger Engineers assigned to an extra board deadheading to their home crew base will not be marked up on the board until actual arrival at their relieving point in the home crew base.

f. Passenger Engineers assigned to an extra board will be called as nearly as possible two (2) hours before the time required to report for service or deadhead. Where local conditions warrant the duly accredited representative and the designated Labor Relations officer may agree to a different calling time, subject to the approval of the General Chairman and the highest appeals officer of the Corporation.

g. Passenger Engineers assigned to an extra board will not be called to fill vacancies unless they have sufficient rest to complete the assignment under the Hours of Service law.

h. Passenger Engineers assigned to an extra board who are sent from their crew base to outlying points will not be required to remain there longer than one week at a time. Deadhead pay will be allowed only to the first Passenger Engineer for the going trip and to the last Passenger Engineer for the returning trip.

i. Passenger Engineers assigned to an extra board who are not called in their turn will be paid four hours and will retain their place on the extra board.

RULE 10- DEADHEADING

a. Deadheading and service may be combined in any manner that traffic conditions require, and when so combined, will be paid actual hours on a continuous time basis, with not less than eight hours for the combined deadheading and service.

b. When deadheading is paid for separately and apart from service, actual time consumed with a minimum of eight hours will be allowed.

c. Passenger Engineers are not entitled to deadhead pay for traveling from one point to another in exercising seniority.

d. Passenger Engineers will be notified at the time called whether deadheading will be combined with service or separate, and the proper officer of the Corporation will mark their timeslips accordingly. If not so notified, paragraph “b” will apply.